Washington State Department of Social and Health Services, Decision 13445 (PSRA, 2021)
STATE OF WASHINGTON
BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
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WASHINGTON STATE DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Employer. |
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TRISTA STARKS, Complainant, vs. WASHINGTON FEDERATION OF STATE EMPLOYEES, Respondent. |
CASE 134544-U-21 DECISION 13445 - PSRA ORDER OF DISMISSAL |
Nathan Arnold, Attorney at Law, Cloutier Arnold Ortega, for Trista Starks.
Herb Harris, Coordinator of PERC Activities, for the Washington Federation of State Employees.
On October 12, 2021, Trista Starks (complainant) filed an unfair labor practice complaint against the Washington Federation of State Employees (union). The complaint was reviewed under WAC 391-45-110.[1] A deficiency notice issued on November 9, 2021, notified Starks that a cause of action could not be found at that time. Starks was given a period of 21 days in which to file and serve an amended complaint or face dismissal of the case.
No further information has been filed by Starks. The Unfair Labor Practice Administrator dismisses the complaint for failure to state a cause of action.
ISSUE
The complaint alleges the following:
No allegations included in the filing.
The complaint is dismissed. The complaint did not include a statement of facts alleging the events that occurred, it did not identify the violation alleged, or identify a remedy requested within the Commission’s jurisdiction.
Background
On October 12, 2021, Trista Starks filed an unfair labor practice complaint against the Washington Federation of State Employees (union). The filing included a complaint form and several additional documents. The complaint did not include a statement of facts to determine if the complaint is within the Commission’s jurisdiction.
ANALYSIS
Statement of Facts
Complaints must contain a statement of facts with numbered paragraphs. The statement of facts should include the times, dates, places, and participants in occurrences. In this case, the complainant only submitted the ULP complaint form, a list of types of violations from the Public Employment Relations Commission’s website, and additional documents. The complainant was provided the opportunity to correct the deficiency. The complainant did not file an amended complaint. The complaint must be dismissed.
Order
The complaint charging unfair labor practices in the above-captioned matter is DISMISSED for failure to state a cause of action.
ISSUED at Olympia, Washington, this 7th day of December, 2021.
PUBLIC EMPLOYMENT RELATIONS COMMISSION
Emily K. Whitney, Unfair Labor Practice Administrator
This order
will be the final order of the
agency unless a notice of appeal is filed
with the Commission under WAC 391-45-350.
[1] At this stage of the proceedings, all of the facts alleged in the complaint or amended complaint are assumed to be true and provable. The question at hand is whether, as a matter of law, the complaint states a claim for relief available through unfair labor practice proceedings before the Public Employment Relations Commission.